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(영문) 서울서부지방법원 2016.04.21 2015노1847
일반교통방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the defendant's participation in the assembly of this case and interfere with traffic by occupying the lane with the participants in the assembly of this case without permission can be acknowledged.

2. Determination

A. From August 15, 2014 to 22:40 the same day from August 15, 2014, the Defendant, along with approximately 3,500 participants in the Assembly “National Assembly and the Sewol Ferry Memorial Games” held by Jongno-ro 1, Jongno-gu, Seoul, “The Police Council for the Sewol Ferry Countermeasures” on the front of the Twit-ro, Jongno-gu, Seoul, in collusion with those participants in the Assembly, thereby interfering with traffic along with the passage of the road.

B. The judgment of the court below is based on the following circumstances acknowledged by the records of this case, i.e., ① the police evidence photograph (Evidence Nos. 47 to 49, 77,78 pages) (Evidence No. 47 to 49, 78 of the evidence records) taken by the defendant in the form of communicating with people around the road of E building or looking into the surrounding areas. Examining the surrounding areas of the defendant, the defendant shows only the flag of the participants at a distance, and the defendant does not hold an assembly or demonstration around the defendant. The people are walking in the same place freely or have a photograph. ② The above photographs were taken at the same place; ② The above photographs were taken at the same time; although the time cannot be confirmed; ③ there is no evidence to verify the defendant's act before and after the interview; ④ At the time of taking the pictures, the defendant did not appear to have taken part in the police assembly or demonstration by opening the evidence of all the charges.

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